Home & Garden6 mins ago
PARTY FENCE QUERY
29 Answers
My neighbour has informed me that she intends to replace the party fence between our properties and cover the full cost herself and asked if we had any objections. I said no and that the workmen were welcome to come onto our property to complete the work if needed. I know the procedure if she wanted us to pay half, written proposal and give time to reply ect. I am just wondering if I should get her to put it in writing so there is no comeback on us regarding payment. We would not pay if asked as there is nothing wrong with the fence that is there. As she is footing the bill does that mean that the fence then becomes hers or does it remain a part fence and do we have no say about materials used ect?
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http://www.gardenlaw.co.uk/boundaries.html
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It will be her fence as she has paid for it. She will be able to prove it in court by producing receipts for the work done, and your non-objection.
As she owns it, you will have no say at all on the design or style, you will not be able to afix anything to it - not a drawing pin to hold a plant up - nor paint it.
Especially so if she puts it entirely on her land, it only needs to be moved across a very few inches.
You can suggest she leaves the existing fence where it is, as the party boundary, and put her new fence on her own side of it.
As she owns it, you will have no say at all on the design or style, you will not be able to afix anything to it - not a drawing pin to hold a plant up - nor paint it.
Especially so if she puts it entirely on her land, it only needs to be moved across a very few inches.
You can suggest she leaves the existing fence where it is, as the party boundary, and put her new fence on her own side of it.
The following applies in England & Wales - I don't have a clue about Scottish law.
The term that many of you above are getting confused over is a 'party fence wall' - there is no such thing as a party fence for the purposes of the Party Wall Act.
A party fence wall MUST be a masonry structure - not a wood or other non-masonry structure.
Since the OP seems to be talking about a wooden structure, the neighbour should erect the posts on his/her own land, and take ownership for the finished fence.
It merely requires simple agreement of the two neighbours as to where to put it.
Land Registry records, whatever just aren't going to tell you anything helpful.
Thus of all the answers above, only hc's can I agree with, though even he refers to a 'party boundary' - a term that I cannot fathom out what he means in the absence of any masonry party wall.
The term that many of you above are getting confused over is a 'party fence wall' - there is no such thing as a party fence for the purposes of the Party Wall Act.
A party fence wall MUST be a masonry structure - not a wood or other non-masonry structure.
Since the OP seems to be talking about a wooden structure, the neighbour should erect the posts on his/her own land, and take ownership for the finished fence.
It merely requires simple agreement of the two neighbours as to where to put it.
Land Registry records, whatever just aren't going to tell you anything helpful.
Thus of all the answers above, only hc's can I agree with, though even he refers to a 'party boundary' - a term that I cannot fathom out what he means in the absence of any masonry party wall.
Fair comment hc.
But then a party fence has no legal standing, it is merely a fence that sits astride the boundary and if one owner wants to replace the fence and the other adjoining owner is happy about that, but doesn't want to pay half, then the two should agree that the payer puts the new posts into his/her land.
Which is what you said.
But then a party fence has no legal standing, it is merely a fence that sits astride the boundary and if one owner wants to replace the fence and the other adjoining owner is happy about that, but doesn't want to pay half, then the two should agree that the payer puts the new posts into his/her land.
Which is what you said.
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